Child Custody Attorney in Temecula
When parents are no longer living together, both parents want to spend as much time with their children as possible. It is a sad reality that when a breakup occurs, it is likely their children will not spend all of their time with one parent. Parents will need to learn how to share legal custody, and the children will have to adjust to being shuffled between two households. In Riverside County, San Diego County, and San Bernardino County, the norm these days is some form of shared custody.
This can look very different depending on each parents’ situation. For instance, a parent who travels frequently will likely not be awarded as much time as a stay-at-home parent. A parent who has been convicted of domestic violence may only be awarded supervised visitation. When awarding custody, courts have several options. California courts can make many different custody awards.
Possible Child Custody Awards
In a child custody case, who gets custody of the children is based upon a number of factors.
Factors which influence the outcome of a trial
Important note on Child Support
Evaluation & Child Custody Determinations
In some challenging custody battles, the court may order the parents to undergo an evaluation to see if they are fit to secure custody of the child or children.
Either parent has the right to request a child custody evaluation, even if the court doesn’t see it as a requirement in the proceedings. We recommend you seek advice from our experienced divorce attorneys about your parental rights in child custody arrangements.
Having a qualified and experienced child custody lawyer on your team may help you secure the outcome you desire and place your child’s best interests at the center of the custody arrangement. Speak to one of our child custody attorneys about your child custody case today.
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Child Custody FAQ – California Law
Physical custody refers to the location where a child will reside following a divorce or separation. Physical custody differs substantially from legal custody. The parent who has physical custody is entitled to the child’s physical presence in the home.
In California, either parent may have sole or shared custody of the children. The judge makes the final determination regarding custody and visitation, but typically approves the arrangement (parenting plan) that both parents agree to.
Primary Physical Custody ( 3007, California Family Code): A sole physical custody arrangement stipulates that “the child will reside with and be supervised by one parent, subject to the court’s ability to order visitation.” Consequently, your child will reside with a custodial parent, who could be you or the other parent.
A judge may order the higher-earning parent to pay child support even if physical custody is shared equally between both parents. If you are the higher-earning parent in a 50/50 custody arrangement, you may be required to pay child support.
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